CORRESPONDENCE
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DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
MEMORANDUM NO. 02-155
TO'
Quintus Greene
Director of Development
-----.----.,
FROM:
Laurinda Logan, P.E. 3'
Senior Engineer
July 17, 2002 ~
Request for Release of Surety(s)
Lowe's of Boynton Beach
Excavation & Fill Permit No. 00-2298
Utility System Permit No. 001990
,
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IUL I R 21m
DATE.
RE:
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Quintus,
Attached please find a copy of a letter requesting release of the final 5% (five percent) of the cash bond
for the above referenced permits. Engineering has no outstanding issues that would affect release of the
cash bond for this project.
Thank you for your attention to this matter If I can be of further assistance please feel free to contact me
at x6482.
LLlck
Cc: Jeffrey R. Livergood, P.E., Director, Public Works (via e-mail)
H. David Kelley, P.E.lP.S.M., City Engineer, Public Works/Engineering (via e-mail)
Quintus Greene, Director, Department of Development
Nancy Byrne, Assistant Director, Department of Development
Michael Rumpf, Director, Planning & Zoning
Peter Mazzella, Assistant to the Director, Utilities
File
C:\My Documents\Lowe's Request for Release of Surety Memo to Q. Greene 7-17-02.doc
LEVY
m KNEEN
~ JL~ MARIANI LLC
L0 3911d
ELEANOR B. HALPERIN
OF COUNSEL
lICIARD cElt'11Pf&'l) IN lU!.AL STAT'!! LAW
COUNSELORS AT r..AW
DIRECT 561.478.4722
ehAlp@rin@1evykne4m..colXl
July 15, 2002
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U4GINEERING I
Mary Monroe
Finance Dept.
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33425-0310
Re: Lowe's @ Boynton Beach
Our File No. 5662.003
Dear Mary,
I have received the City's check num! r 65010 in the amount of $369,458.58
These funds represent a return of 91 '0 of the two cash performance bonds
posted by Lowe's in October of 2000. "he 5% retainage was to be held by the
City as security for the one year Wl 'anty Since the warranty period has
expired, we are requesting the balanCE If the bonds also be returned in a timely
manner
I would appreciate your keeping me al ,rised of the progre~s of returning these
funds by copies of any corl~sponden,::e .r scheduled agenda items y,1th the Oily
If you have any questions, please do n( hesitate to give me a call. Thank you.
Eleanor B. Halperin
"
c: M. Reynolds
J. Complon
F:\O.ata\ELLlE\LOWES\BOYNTON\Halfahan3.022601.doc
1400 CENT1<EPARK BOULBVARD . SUITS J J WEST PAl.M BEACH, FLORIDA 33401
PHONE 561.478.4700 PAX 561.'78.5811
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SE 01 6006/91/L0
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DEPARTMENT OF PUBLIC ,YORKS
ENGINEERING DIVISION
MEl\tIORANDUM NO 02-142
TO
Quintus Greene
Director of Development
FROM
Laurinda Logan, P E
Civil Engineer
'-
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DATE
July 9 2002
RE.
Request for Release of Surety(s)
Lowe's of Boynton Beach
Excavation & Fill Permit No, 00-2298
Utility System Permit No, 001990
Quintus,
Last week Mike Rumpf forwarded to me a letter from the law firm representing Lowe's of Boynton Beach
with regard to release of surety for Permits #00-2298 (Exc. & Fill) and #00-1990 (Utility) Their client
states that they have not received any reduction or release since the request for reduction was made
5/17/01
In my research I was able to locate a copy of the memo from Engineering to Development
recommending a 95% reduction for both cash bonds I also located copies of the Resolutions (#R01-218
and #R01-219) approving the recommended reduction in cash surety
However, after checking with Diane Reese in the Finance Department, she was unable to find the
necessary 121's for check issuance to Lowe's She will be doing further research on this matter and I
have asked her to contact your office with any information she may find
I am sending copies of the correspondence, memos and resolutions to you for your use The attorney for
Lowe's, Eleanor B Halperth, has requested that she be called with any information regarding the status
of these sureties Obviously 121's need to be prepared so the previously approved amounts can be
released immediately The attorney should also be told that they (Lowe's) can now request a release of
the final 5% as the warranty period is now nearly complete
If I can be of further assistance in this matter please feel free to contact me at x6482
LUck
Cc: Jeffrey R. Livergood, P E., Director, Public Works (via e-mail)
H David Kelley, P E.lP SM., City Engineer Public Works/Engineering (via e-mail)
Quintus Greene, Director, Department of Development
Nancy Byrne Assistant Director, Department of Development
Michael Rumpf, Director, Planning & Zoning
Peter Mazzella, Assistant to the Director, Utilities
File
C:\My Documents\Lowe's Release of Surety (requested 5-17-01 ).doc
Prepared bylRettun tv.
Eleanor B Halpenn, Esq
1400 Centrepark Blvd., Smte 1000
West Palm Beach, FL 33401
j
~"Z:J :
Office of the Citj CIeri
City of Boynton Besch
POBox : 10
Boynton Beach, Florida 3342.5
A portion of
Folio No. 08-43-45-32 14-001-0000
l'Iar-88-2881 89 23a. 01-084799
ORB 12359 Pg 1327
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;:., 0 THIS UTILITY EASEMENT IS made and executed thIS '1. ( day of /J~ce-I.e...r ,
fu~,. ']..v.kJ ,by LOWE'S HOME CENTERS, INC, a North Carolma corporatIon, whose mallmg
~~ad~ss IS Box 1111, North Wilkesboro, North CarolIna 28656, first party, to the CIty of
>-t-Bo~ton Beach, a pohtIcal subdIvIsIon of the State of Flonda, second party;
=U 0
Cl
UTILITY EASEMENT
WITNESSETH.
WHEREAS, the first party IS the owner of property sItuate m Palm Beach County,
Flonda, and described on ExhibIt "A" and ExhibIt "B" (collectIvely the "UtIlIty Easement"),
WhICh are attached hereto and by thIS reference made a part of thIS document; and
WHEREAS, the second party deSIres an easement for water and sewer utIhtIes andior
other appropnate purposes mCIdental thereto, on, over and across saId UtIhty Easement; and
WHEREAS, the first party IS WIllIng to grant such an easement.
NOW, THEREFORE, m consIderatIOn of the mutual covenants each to the other runmng
and one dollar and other good and valuable conSIderatIon, the first party does hereby grant unto
the party of the second part, ItS successors and aSSIgns, full and free nght and authonty to
construct, mamtam, repaIr, mstall and rebuild facIhtIes for above stated purposes and does
hereby grant a perpetual easement on, over and across the UtIhty Easement for saId purposes.
IN WITNESS WHEREOF, the first party has caused these presents to be duly executed
m itS name and ItS corporate seal to be hereto affixed, attested by ItS proper officers thereunto
duly authonzed, the day and year first above wntten.
Witnesses.
LOWE'S HOME CENTERS, INC., a
North CarolIna corporatIon
POBox 1111
North Wil sboro, NC 28656
ffl
AIlWlJIL T J-b.l1liJ
Pnnt Name
~1Y1~
Pnnt Name'
L
STATE OF NORTH CAROLINA
COUNTY OF WILKES
ORB 12359 Pg 1328
DESCRIPTION TO ACCOMPANY SKETCH
SECTION 32 TOWNSHIP 45 SOUTH, RANGE 43 EAST
PALM BEACH COUNTY FLORIDA.
LEGAL DESCRIPTION UTILITY EASEMENT
UTILITY EASEMENTS LYING AND BEING A PORTION OF PARCEL 1 AND PARCEL 3A OF THE PLAT OF 'BOYNTON
COMMERCE CENTER" AS RECORDED IN PLAT BOOK 46 PAGES 126 AND 127 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY FLORIDA. SAID PLAT LYING AND BEING A PORTION OF SECTION 32 TOWNSHIP 45 SOUTH RANGE 43 EAST
PALM BEACH COUNTY FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS
EASEMENT 1
A STRIP OF LAND 12 FEET IN WIDTH, THE SIDElh\lES OF SAID UTILITY EASEMENT LYING 6 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE
COMMENCE AT THE MOST NORTHWESTERLY CORNER OF SAID PARCEL 1 OF THE PLAT OF 'BOYNTON COMMERCE
CENTER" AS RECORDED IN PLAT BOOK 46 PAGES 126 AND 127 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY
FLORIDA, THENCE SOUTH 00'01'30" WEST ALONG THE WEST LINE OF SAID PARCEL 1 A DISTANCE OF 79.11 FEET TO THE
POINT OF BEGINNING OF THE FOLLOWING DESCRIBED CENTERLINE
THENCE NORTH 88'30'25 EAST A DISTANCE OF 22.26 FEET THENCE NORTH 42'59'37" EAST A DISTANCE OF 19.89"
THENCE SOUTH 86'18'03" EAST A DISTANCE OF 59.59 FEET THENCE SOUTH 72'1947" EAST A DISTANCE OF 231.55 FEET
TO POINT A THENCE NORTH 17'40'13" EAST A DISTANCE OF 31.53 FEET THENCE NORTH 62 40'13 EAST A DISTANCE
OF 9765 FEET THENCE SOUTH 72 1947" EAST A DISTANCE OF 171.37 FEET TO POINT"B THENCE CONTINUE ALONG
THE AFOREMENTIONED COURSE SOUTH 72'1947 EAST A DISTANCE OF 250".31 FEET THENCE SOUTH 17'40'13 WEST A
DISTANCE OF 72.83 FEET TO POINT 'Co. THENCE CONTINUE ALONG THE AFOREMENTIONED COURSE SOUTH 17 40'13
WEST A DISTANCE OF 362.93 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF SAID PARCEL 1 AND THE POINT OF
TERMINATION
TOGETHER WITH
BEGINNING AT AFOREMENTIONED POINT A THENCE SOUTH 17'40'13" WEST A DISTANCE OF 3319 TO POINT "D"'
THENCE CONTINUE ALONG THE AFOREMENTIONED COURSE, SOUTH 17'40'13" WEST A DISTANCE OF 256.59 FEET TO
POINT "E" THENCE CONTINUE ALONG THE AFOREMENTIONED COURSE SOUTH 17'40'13" WEST A DISTANCE OF 4540
FEET TO AN INTERSECTION WITH THE SOUTH LINE OF SAID PARCEL 1 AND THE POINT OF TERMINATION
TOGETHER WITH:
BEGINNING AT AFOREMENTIONED POINT "B" THENCE NORtH 17 40'13 EAST A DISTANCE OF 49 44 FEET TO THE POINT
OF TERMINATION
TOGETHER WITH:
BEGINNING AT AFOREMENTIONED POINl 'C" THENCE SOUTH 72'1947 EAST A DISTANCE OF 14.00 FEET TO THE POINT
OF TERMINATION
TOGETHER WITH:
BEGINNING AT AFOREMENTIONED POINT 0"' THENCE SOUTH 72'1947" EAST A DISTANCE OF 38.89 FEET TO THE POINT
OF TERMINATION
TOGETHER WITH
BEGINNING AT AFOREMENTIONED POINT E" THENCE SOUTH 72.1947" EAST A DISTANCE OF 40.87 FEET TO THE POINT
OF TERMINATION
CONTAINING 21,219 SQUARE FEET OR 0.4871 ACRES MOR OR LESS
CERTIFICATION
SU RVEYORS NOTES
I HEREBY CERTIFY THAT THE DESCRIPTION AND
SKETCH ATTACHED HERETO MEETS THE INTENT OF THE
MINIMUM TECHNICAL STANDARDS FOR DESCRIPTION
AND SKETCHES AS SET FORTH CHAPTER 6K17
6.006(1), OF THE FLORIDA ADMINISTRATIVE rON:
PURSUANT TO SECTION 472027 FLORIDA STA U rES.
1)
NOT VALID WITHOUT THE SIGNATURE AND THE
ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER.
ClEARINGS SHOWN HEREON ARE BASED ON A
ASSUMED BEARING OF NORTH 72'19'47" WEST
ALONG THE SOUTH LINE OF PARCEL 1 OF SAID
PLAT OF BOYNTON COMMERCE CENTER
ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK46 PAGES 126AND 127
OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY FLORIDA.
2)
W L FIStt&C~-PJ't4Yt INe
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ORB 12359 Pg 1329
DESCRIPTION TO ACCOMPANY A SKETCH
SECTION 32 TOWNSHIP 45 SOUTH RANGE 43 EAST
PALM BEACH COUNTY FLORIDA
LEGAL DESCRIPTION UTILITY EASEMENT
TOG E TH E R W IT H
EASEMENT 2
COMMENCE AT THE NORTHWEST CORNER OF PARCEL 3A OF SAID PLAT OF 'BOYNTON COMMERCE
CENTER AS RECORDED IN PLAT BOOK 46 PAGES 126 AND 127 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY FLORIDA THENCE SOUTH 72'1947 EAST ALONG THE NORTH LINE OF SAID PARCEL 3A A DISTANCE
OF 218.92 FEET TO THE POINT OF BEGINNING
THENCE SOUTH 17'40'13 WEST A DISTANCE OF 221.68 FEET THENCE NORTH 72'1947 WEST A DISTANCE
OF 153.30 FEET THENCE NORTH 17 40'13 EAST A DISTANCE OF 207.67 FEET THENCE NORTH 72.1947"
WEST A DISTANCE OF 65 89 FEET TO AN INTERSECTION WITH THE WEST LINE OF SAID PARCEL 3A THENCE
SOUTH 1847'54" WEST ALONG SAID WEST LINE A DISTANCE OF 12 00 FEET THENCE SOUTH 72'1947 EAST
A DISTANCE OF 5412 FEET THENCE SOUTH 17.40'13 WEST A DISTANCE OF 196 68 FEET THENCE NORTH
72 19'47 WEST A DISTANCE OF 46 06'FEET TO AN INTERSECTION WITH THE EASTERLY LINE OF A 10 FOOT
EASEMENT FOR CITY OF BOYNTON BEACH AS RECORDED IN OFFICIAL RECORD BOOK 3042 AT PAGE 1765
AND OFFICIAL RECORD BOOK 3383 AT PAGE 199 OF SAID PUBLIC RECORDS THENCE SOUTH 00'01'30 WEST
ALONG SAID EASTERLY LINE A DISTANCE OF 25 18 FEET THENCE SOUTH 72'1947 EAST A DISTANCE OF
44415 FEET THENCE SOUTH17.40 13 WEST A DISTANCE OF 16.61 FEET THENCE SOUTH 72'19'47" EAST A
DISTANCE OF 12 00 FEET THENCE NORTH 17.4013 EAST A DISTANCE OF 1661 FEET THENCE SOUTH
72 19'47" EAST A DISTANCE OF 23969 FEET TO AN INTERSECTION WITH THE WESTERLY LINE OF A 5 FOOT
UTILITY EASEMENT AS SHOWN ON SAID PLAT OF 'BOYNTON COMMERCE CENTER THENCE NORTH 17'40'13
EAS T A LONG SA 10 W ESTE RL Y LINE A DISTANCE OF 24 00 FE E T TH'E N CE NORTH 72'19'47" W EST A DISTANCE
OF 480 11 FEET THENCE NORTH 17'40'13 EAST A DISTANCE OF 6964 FEET THENCE SOUTH 72'1947" EAST
A DISTANCE OF 17 96 FEET THENCE NORTH 17' 40 13 EAST A DISTANCE OF 1200 FEET THENCE NORTH
72 1947 WEST A DISTANCE OF 1796 FEET THENCE NORTH 17'4013 EAST A DISTANCE OF 14004 FEET TO
AN INTERSECTION WITH THE NORTH LINE OF SAID PARCEL 3A THENCE NORTH 72'19'47 WEST ALONG SAID
NORTH LINE OF PARCEL 3A A DISTANCE OF 12 00 FEET TO THE POINT OF BEGINNING
CONTAINING 23,019 SQUARE FEET OR 0 5284 ACRES MORE OR LESS
NOTE SEE SHEETS 3 AND 4 FOR SKETCH OF DESCRIPTION
THIS IS NOT A SURVEY
ORB '1. 2359 p~ .....--
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ORB 12359 Pg 1332
DESCRIPTION TO ACCOMPANY SKETCH
SECTION 32. TOWNSHIP 45 SOUTH, RANGE 43 EAST
PALM BEACH COUNTY, FLORIDA
LEGAL DESCRIPTION UTILITY EASEMENT
UTILITY EASEMENTS LYING IN AND BEING A PORTION OF PARCEL 1 AND PARCEL 3A OF THE
PLAT OF BOYNTON COMMERCE CENTER AS RECORDED IN PLAT BOOK 46 PAGES 126 AND
127 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY FLORIDA SAID PLAT LYING AND
BEING A PORTION OF SECTION 32 TOWNSHIP 45 SOUTH RANGE 43 EAST PALM BEACH
COUNTY FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS
EASEMENT 1
COMMENCE AT THE SOUTHWEST CORNER OF SAID PARCEL 1 OF THE PLAT OF BOYNTON
COMMERCE CENTER" AS RECORDED IN PLAT BOOK 46, PAGES 126 AND 127 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA THENCE SOUTH 72 19'47" EAST ALONG THE
SOUTH LINE OF SAID PARCEL 1 A DISTANCE OF 269 79 FEET TO THE POINT OF BEGINNING
THENCE NORTH 28.26'25" EAST A DISTANCE OF 9 59 FEET THENCE NORTH 17 40'13" EAST, A
DISTANCE OF 24506 FEET, THENCE SOUTH 72 19'47" EAST A DISTANCE OF 2000 FEET,
THENCE SOUTH 17 40'13" WEST, A DISTANCE OF 246 94 THENCE SOUTH 28 26'25" WEST A
DISTANCE OF 767 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF SAID PARCEL 1
THENCE NORTH 72 1947" WEST ALONG THE SOUTH LINE OF SAID PARCEL 1 A DISTANCE OF
20 36 FEET TO THE POINT OF BEGINNING
CONTAINING 5093 SQUARE FEET OR 0 1169 ACRES MORE OR LESS
TOGETHER WITH
EASEMENT 2
COMMENCE AT THE SOUTHWEST CORNER OF SAID PARCEL 1, OF THE PLAT OF II BOYNTON
COMMERCE CENTER" AS RECORDED IN PLAT BOOK 46 PAGES 126 AND 127 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA THENCE SOUTH 72 19'47" EAST ALONG THE
SOUTH LINE OF SAID PARCEL 1, A DISTANCE OF 697 65 FEET TO THE POINT OF BEGINNING
THENCE NORTH 17 4013" EAST, A DISTANCE OF 7727 FEET, THENCE SOUTH 72 .19'47"EAST A
DISTANCE OF 12 00 FEET THENCE SOUTH 17 40'13" WEST A DISTANCE OF 7727 TO AN
INTERSECTION WITH THE SOUTH LINE OF SAID PARCEL 1 THENCE NORTH 72 19'47" WEST,
ALONG THE SOUTH LINE OF SAID PARCEL 1, A DISTANCE OF 12 00 FEET TO THE POINT OF
BEGINNING
CONTAINING 927 SQUARE FEET OR 002128 ACRES MORE OR LESS
TOGETHER WITH
EASEMENT 3
COMMENCE AT THE NORTHWEST CORNER OF SAID PARCEL 3A OF THE PLAT OF" BOYNTON
COMMERCE CENTER" AS RECORDED IN PLAT BOOK 46, PAGES 126 AND 127 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY FLORIDA THENCE SOUTH 72 1947" EAST ALONG THE
NORTH LINE OF SAID PARCEL 3A A DISTANCE OF 269 79 FEET TO THE POINT OF BEGINNING
THENCE SOUTH 28 26'25" WEST, A DISTANCE OF 86 62 FEET, THENCE SOUTH 17 40'13" WEST A
DISTANCE OF 23283 FEET TO A POINT OF INTERSECTION WITH THE NORTH LINE OF A 6500
FOOT FOR INGRESS-EGRESS AND UTILITY EASEMENT AS SHOWN ON SAID PLAT OF
BOYNTON COMMERCE CENTER" SAID POINT BEING A POINT ON CURVE CONCAVE TO THE
SOUTH HAVING A RADIUS OF 2026 50 FEET AND WHOSE RADIUS POINT BEARS SOUTH
03.2548" WEST THENCE EASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL
ANGLE OF 00 3458" A DISTANCE OF 2061 FEET TO END OF SAID CURVE THENCE NORTH
17 40'13" EAST A DISTANCE OF 225 98 FEET THENCE NORTH 28 26'25" EAST, A DISTANCE OF
88 54 FEET TO AN INTERSECTION WITH THE NORTH L.INE OF SAID PARCEL 3A, THENCE NORTH
_71. 19'47" WEST ALOHG THE NQRTH IINF ()~ PARr~1 ~to to ~,LA.M.C'~1: ')1'\ "llr Tn TU'" "'''''0..'''
ORB 12359 Pg 1333
TOGElHER WllH:
EASEMENT 4
COMMENCE AT THE NORTHWEST CORNER OF SAID PARCEL 3A, OF THE PLAT OF .. BOYNTON COMMERCE
CENTER", AS RECORDED IN PLAT BOOK 46, PAGES 126 AND 127 OF THE PUBLIC RECORDS OF PALM BEACH
COUNlY, FLORIDA, THENCE SOUTH 72 19'47" EAST ALONG lHE NORTH LINE OF SAID PARCEL 3A A DISTANCE
OF 697 65 FEET TO THE POINT OF BEGINNlNG.
THENCE SOUTH 17040'13" WEST, A DISTANCE OF 256.39 FEET TO A POINT OF INTERSECTION WITH THE NORTH
LINE OF A 65.00 FOOT INGRESS-EGRESS AND UTILITY EASEMENT AS SHOWN ON SAID PLAT OF" BOYNTON
COMMERCE CENTER", SAID POINT BEING A POINT ON A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF
202650 FEET AND WHOSE RADIUS POINT BEARS SOUTH 16 07'51" WEST, THENCE EASTERLY ALONG THE ARC
OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 00 20'22", A DISTANCE OF 12.00 FEET TO THE END OF SAID
CURVE, THENCE NORTH 17040'13" EAST A DISTANCE OF 256.10 FEET TO AN INTERSECTION WITH THE NORTH
LINE OF SAID PARCEL 3A, THENCE NORTH 72019'47" WEST ALONG SAID NORTH LINE, A DISTANCE OF 12.00 TO
THE POINT OF BEGINNING,
CONTAIN ING. 3075 SQUARE FEET OR 0 0706 ACRES MORE OR LESS.
NOTE. SEE SHEETS 3 AND 4 FOR SKETCH OF DESCRIPTION. DESCRIPTION NOT VALID UNLESS ACCOMPANIED
WITH SKETCH OF DESCRIPTION AS SHOWN ON SHEETS 3 AND 4 OF THIS DOCUMENT
CERTIFICATION:
SURVEYORS NOTES
I HEREBY CERTIFY THAT THE DESCRIPTION AND
SKETCH AlTACHED HERETO MEETS THE INTENT OF
THE MINIMUM TECHNICAL STANDARDS FOR
DESCRIPTION AND SKETCHES AS SET FORTH
CHAPTER 61G17-6.006(1), OF THE FLORIDA
ADMINISTRATIVE CODE, PURSUANT TO SECTION
472.027 FLORIDA STAlUTES
1)
NOT VALID WITHOUT THE SIGNAlURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER.
2)
BEARINGS SHOWN HEREON ARE BASED ON
AN ASSUMED BEARING OF NORTH 72 19'47"
WEST ALONG THE SOUTH LINE OF PARCEL 1
OF SAID PLAT OF BOYNTON COMMERCE
CENTER, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 46,
PAGES 126 AND 127 OF THE PUBLIC
RECORDS OF PALM BEACH COUNlY,
FLORIDA.
SEE SHEETS 3 AND 4 FOR SKETCH TO
ACCOMPANY DESCRIPTION
W,L FISH & COMPANY, INC,
p~~;P
3)
PATRICK B MEEDS
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA STATE REG. NO 4728
THIS IS NOT A SURVEY
ORB 12359 Pg 1334
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LEVY
m ~l~ANI
JUL - 3
LLC
ELEANOR B. HALPERIN
OF COUNSEL
COUNSELORS AT LAW
BOARD CERTIFIED I~ REAL ESTATE LAW
1 July 2002
DIRECT 561.478.4722
ehalperin@levykneen.com
via facsimile and U. S. Mail
Michael Rumpf
Director, Planning & Zoning
City of Boynton Beach
i 00 East Boynton Beach Blvd
POBox 310
Boynton Beach, FL 33425
Re Lowe's of Boynton Beach
Our File No 5662 003
Dear Mike
Enclosed please find a letter sent to you over a year ago regarding the release of bonds
posted by Lowe's in connection with their construction Following that letter, it was my
understanding that arrangements were made to return the funds to Lowe's. I recently
received a call from my client advising me that the funds were never returned to them
I would appreciate if you would have someone follow up on this as soon as possible
Obviously, the warranty period has expired so that the full amount of the bonds can be
returned Once you have located the appropriate information, please have someone
give me a call to advise me when to expect to receive both cash performance bonds If
you have any questions, please do not hesitate to give me a call Thank you
Enclosure
EBH/sg
1400 CENTREPARK BOULEVARD SUITE 1000 WEST PALM BEACH, FLORIDA 33401
PHONE 561.478.4700 FAX 561.478.5811
lILAW_SERVERISYSIDalaIELLlEILOWESIBOYNTONIRumpf 0701 02.llr,doc
L .. . - ,.. -r ~ ~
EVY, ANE.3N, Yl2..B.I..L'iI, \.. URTIN, KORNFELD "^ DEI. rtUSSO
PROFESSIONAL ASSOCIATION
ELEANOR e HAL-PERIN
OF COUNSEL.
BOARD CERTIFIED IN REAL. ESTATE "AW
-HRITER'S DIR~CT DIAL. NO..
(561) 478-4722
COUNSELORS AT LAW
SUITE 1000
1400 CENTREPARI< B9UL.EVARO
WEST PA.LM BEA.CH FLORIDA. 3:3401
TELEPHONE (561)478-4700
FAX NO (561) 478-5811
H IRWIN LEVY
RETIRED
17 May 2001
Michael Rumpf
Director Planning & Zoning
City of Boynton Beach
100 East Boynton Beach Blvd
Post Office Box 310
Boynton Beach, Florida 33425
\
Re Lowe's of Boynton Beach
Our File No 5662.003
."
Dear Mike
As you know, in connection with the construction of the building, Lowe's was obligated to deliver
two (2) cash performance bonds. One was for a Fill and Excavation Permit (No 0000002298)
in the amount of $110,000 The second was for the construction of the on-site utility systems in
the amount of $278,904 The work which these funds guaranteed has obviously been
completed. This correspondence shall serve as a formal request that the funds be returned to
Lowe's as quickly as possible
I would appreciate if you would give me a call to let me know if there is anything additional you
require outside of this correspondence to secure a release of those funds. I look forward to
hearing from you shortly I hope you are enjoying shopping at Lowe's Thank you
cc' Creech Engineering (via e-mail)
Wayne Harris, Esq (via facsimile)
r \Daca\EL..tIS\LOWES\BOrN7'~."t/\.=?'.J:::pf 1 051701 doc
~"
'B~
, ......
LEVY, KNEEN, :tvURIANI, CURTIN, KORNFELD & DEL Ru
PROFESSIONAL ASSOCIATION
COUNSELORS AT LAW
SUITE 1000
i 400 CENTREPARI< 89ULEVARD
WEST PALM BEACH FLORIDA 33401
ELEANOR a HALPERIN
OF COUNSE~
BOARD CERTIFIED IN REA~ EST A TE ~AW
"'RITER'S DIRECT DIAL NO..
561) 478-4722
TELEPHONE 1!S611 478-4700
FAX ""0 (5611478-5811
H IRWIN LEVY
RETIRED
17 May 2001
fiLE COpy
Michael Rumpf
Director Planning & Zoning
City of Boynton Beach
100 East Boynton Beach Blvd
Post Office Box 31 0
Boynton Beach, Florida 33425
,."
Re Lowe's of Boynton Beach
Our File No 5662.003
Dear Mike
As you know, in connection with the construction of the building, Lowe's was obligated to deliver
two (2) cash performance bonds One was for a Fill and Excavation Permit (No 0000002298)
in the amount of $110,000 The second was for the construction of the on-site utility systems in
the amount of $278,904 The work which these funds guaranteed has obviously been
completed This correspondence shall serve as a formal request that the funds be returned to
Lowe's as quickly as possible
I would appreciate if you would give me a call to let me know if there is anything additional you
require outside of this correspondence to secure a release of those funds I look forward to
hearing from you shortly I hope you are enjoying shopping at Lowe's Thank you
-
-f I ;1 <..d
/J Y ..I
/ I "
7 r
I b' f ~~J.L / 10
~~ i^-
{~
,
cc'
Creech Engineering (via e-mail)
Wayne Harris Esq (via facsimile)
,~ I
lC I m
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it i j"~ .
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F .':'ata E:-:'IE LCWES BoniT'.JN\Ri..!!:p= 0 ao,-
DEC-06-2000 10 04
PEe TRAFFIC ENG
551 478 5770 p 02/04
c:;
'.. (""-.
S- ~S
...
-
LEVY, KNEEN, MARIA~I, CURTIN, KORNFELD & DEL Russo
DI'lOF'LSSIONAL ASSOCIATION
f:l...[:ANOR 8 HALP'EI'lIN
0" COU N5ltl
8""RO etRllF'ltO IN "'1t"L t'!>~"Tt L"'"
WR"!:II"SDIAECT CO,.... NO..
I!HSI' 478-4722
COUNSE;L.ORS AT l...AW
$UITl: 1000
1400 :;ENT"E"A..t< BOULE'''''''''='-
WEST PALM BIU.C Ii , :f"1.0RIDA 33401
TELEP>iONE; ($el) 47.-4700
F"X NO (55 '47(HS8'1
9' /
,- (.
- C't.,.
_J'
RECEIVED
NOV 2 2 2000
I~ IRWIN I.i:VY
RETIA!:O
November 21,2000
pse ENG TRAFti'IC Ot
Charles Walker P E
Palm Beach County Traffic Division
160 Australian Avenue
West Palm Beach, FL 33406
Re Lowe's at Boynton Beach
Our File No 5662 003
Dear Charlie,
In connection with the approval of the Lowe's Home Center Project in Boynton
Beach, a Traffic Study was submitted to the County In response, AI Federk:o, in a
memo dated November 19, 1999, outlined what improvements were required to
satisfy the County's Traffic Performance Standards, A copy of that memo IS
enclosed for ease of reference
In the Conditions of Approval for the Project issued by the City of Boynton Beach,
Lowe's was required to complete the construction of those improvements prior to
the issuance of any Temporary Certificate of Occupancy Lowe's, as we have
discussed, needs a Temporary Certificate of Occupancy in order to be able to
commence stocking 'the building. It usually takes 6 weeks from the date of the
Issuance of the Temporary Certificate of Occupancy until the store is able to open
for business to the public Accordingly, Lowe s is requesting the County allow the
City to issue a Temporary Certificate of Occupancy provided a final Certificate of
Occupancy is not issued until the offslte road improvements are completed and
approved by the County
In connection with this request. I have previously delivered to you the Contract for
the off site improvements, as well as a copy of the Bond Insuring performance of
that Contract Lowe's will require the Contractor to add the County as an
additional insured As soon as I have e copy of the Certificate, I will forward it to
you
CEC-06-2000 10 05
PEe T~AFFIC ENG
551 478 5770 P 03/04
Charlie Walker
November 21, 2000
Page Two
I would appreciate if you would notify the City that these terms and conditions are
acceptable to you and that you will consent to the City's issuance of a Temporary
Certificate of Occupancy for the Lowe s Home Center with the condition that the
Final Certificate of Occupancy not be issued until the offsite road improvements are
completed and accepted Please indicate your consent to this understanding by
your signature below and forward the same to the City with a copy to me Thank
you
~~
Eleanor B Halperin
EBHotrc
Ene
cc Richard Goodman
Rich Wilson
Understood and Agreed
f~&-
Charles Walker, P E
Palm Beach County Traffic Division
,. \DIIt<l\4ft...ali,oOWS$IOOY>I7QIIT\Ii.Jl<c, J;/100 doc
rEC-06-201210 10 05
POC PAFF 1 C ENG
551 478 577121 ::> 1214/04
Nl'M .Ur::B COUJrI'rr
D.,UDldDft' or .-mw-raaq MID 7I'huJC: woau
~rc _1'JQ__,... D%V%SIOJ1
FACSIMILE TRANSMt"~~AL
Date!
Novw:mbel' 19, 1999
N8D1e: Steve HODrY. P.E.
t~IDOb & Auociates. Inc.
Plume; 813,289,0089
Fp; 818.281.017'
8ubjeaf;; Lawn - TPS Re"liew
I'l'OIIl: AI F.Uri=, P.E. A
SeniOl' Ttaftic Eklaineer
Phon.: S61,884.4030
Pas: 561,478.57"/0
p.....: ..L bJcluc1b&.c thi. CI:JY'W pap
..I . Jj
& we cIiIK'1UM, Palm Beach Cout.f ClQDC\U'l'8ney appt'OVlll. for tm. pro;~t ia pendmg the
S'IIbmiRion of. Public 1"aciliti.. Ape.DUlD.t _ the iDlprovemanta DOted in. tha trai!ic impaet
study .ated Sepwabe1' 1999. ~an1, thue i-nprovementl are:
the additkm of a northbound left tum 1a:ae at the inteneeticm of Woolbright Road
aJUl Seu::rat Boul.vvd, and
the ac:lcJiticm of . westbo\mcl richt turn lane and the reccJld'igul'BnOn of the
MPothbodacl approach lane:e at tIw etenect:ia:a. of Woolbright Road .clli COJ."poral:e
DrivelSW 8'" St\"eet.
Addio.....,...n,.. P8lm Beach CoUbty is recaueatulc th.t . third llUI8 b. added to th. nortbbcnmd
appJ'OaCb of'the Woolbright ~d1Corporata Dti~ inter8~h.
Pl._ ccmtaet me if YOll have any queatiom.
-
00: ~ IUt:raI Q.,. IIIClJ."Iltoa ~ (f'.* ~l.S,",.6aG9)
o:,TJtAJ'J1~,lIIG8td.wpd
PI"". f:fJU '~1.t184.4(J~(J if tIIU Information 11'. not trg~milUcl ct.Grly.
TorRl... P 01
TOTAL F 04
DE'O 07 00 O~ 37p
DEC-04-00 MC~ 03 3\ AM h,
P 2
WOODS LL P
~AX NO 9C4i9o.:>~
,> 02102
C.(;,
Jl
,
Mcr..~I,.tt"'j)Q4,," llP r
13 J;"'.k ,( J\"~'1( II( l,lW
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"~:::'::"::~h :'~:,~.~..: ~::' I tv1 .r l J If } [\AIlC' '("11 )'
D,r",r ~)01 \"l.1 t '~J . \ 'J ...d.. )
kk~'t'fr:ti' ~v'rt..'!r'{-ocd~ 0,"1
Oll~ ~.)'; l"!O~ )r,~ Cil(,
November 0, :;')0;)
Y.!A.fACSIUfLt;.f9&1l.21.o.1881
Mr Ric,( Wjison
Creech Engineers
PO AoJC: 1480
Palm Cit~ rL 34991
l1e A:)$oddlil,J\'
l)ear Rlcl\
llin::Jerstand ',ne City of Bo~n!O!1 Be"cl) has recen\!y asked abOl..llowcfs memljerst',p I:'
tile aSsoClatlQt1 rp.spec\hg Boyntct1 Beach Commerce t.en~er
lowe's acqUired its mterest 111 t!'''g Center by virtue 0' two sep<lrate deeds O;1e d~ted
April 14 2000 and recorded In Offlc.lal Records VaLJIl'e 11762 pago 756 a:'l,'1 l'le o!tle( di:11ed
March 31, 2000, and recorded in orr,~!<li Re<,;mds VOI'JI 'ie 11 fo"! p<.ge 761 Eacn 0' !hOS0
deeds proVIded, In part, that the property was bour"J uy Dnd subject te the Dedaraton (If
Restrictions dated February 29 1996 and recordccln OR. 9929 pJge 807 The tf.:rr"lS 311,j
(.onr1itions of ~he focorded plat cmd other docurn~rli~ (Jre a'so relevAnt 10 c,:mflrmIlJg ...owe:;
rights to use vanous ea$e"T\en'S
A<:. is typic;:.!l with $.Jch :):;'~ociati()r1 docu'11en:$ ItllJse dOCUj!'lenls provide, (lnlO'1g other
things lhat ownership of property 'Wllhin the Center obligates the prope'ly ownE:r (0 be "
member of the assoclafon ,n add;tion those documents ::onlirm thaI a prope(t~ owner has the
right to use proPL?rty which w1dGr lh~ tl10t and aS5oclall;jl"\ (!O<':Ultlt!.i~S l~ Cor \tle tenetlt o~ ~he lot
owners
I am not BWatl'! of any pro\l\l;,ons requinng is,ui,r'\c:e of 1H1:1'lIb~!fst-!I!= cer'llflcates or o\her
documcm\s which would show proof 01 membership
If yau should have ot!">!"r questions or COmmcr.t3 pl.~~se do not 11t:'~,I...t€ to contacf ....1.;;
You::; v,!ry truly
1- )J-V-'
f<enle\il M Keer~. Jr
~MKI~S
ce' Lee Current
\\K:"A\. Q7~.11
Mar-30-00 04 43P
P 02
GREEC=~
Stuart Off~
203 west 3" Street, Stuart, Florida 34994
POBox 1488, Palm City Florida 34991
(561' 283-1413 Fax (561)220.7881
Ema:! Creec!" l@gate.net
EAX COVER ~
DATE March 30 20CO
: NO. OF SHEETS. 7 including cover
FAX NO. 561-742-6259
PHONE NO.
,
: TO'
Nicho\e I Mark Lipps
i
. FROM: Jerry Compto"
COpy
: PROJECT NAME:
i PROJECT NO
!
FAX NO..
Lowe's - Boynton Beach
99027 00(07)
o URGENT
----: For Your Review
o Reply ASAP
o Plea.. Comment
MESSAGE.
Niehole
Attached are the trash compactor cut sheets and the architectural floor plan for that ~rea, I hope this is what
you you re looking for
Thanks,
Jerry Compton
Creech Engineers, Inc.
ET/'rb
&9027 -OC.Q7 -F*",-Boynton nicno~-3,30-00.doc
M<t~ou_ Off'ce (4071 674-ge98 Fax (407) 674.Zlll11 ElTlIli" c,"Gh2@gale.net
l.u~.ue1t OffiC4l (8501 ~1-1105 FlI~ (e~~' 841.1106 1':1'1"';:. nenrwllvOaol en'"
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MARATHON EQUIPMENT COMPANY
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C/#P A
2,. 2.15 & 3 Cubic Yard Capacity
---
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C -<:(. Totally
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Listed!
Heavy Duty Construction,
CYCON Llfe-Xtender and
compact size make the Trash
Commander Series second to
none in performance and durability
@
Trash Commanders feature the Signature Series Warranty
3 Year Warranty on Structure, 2 Year Warranty on
Components, and 6 Month Warranty on Labor
...~
Rental & LIIssing Pro(Jf'llllJS Available
~O.d
d~~:~O OO-O~-~VW
The Power of Trash Commander...
Reliability, Performance, Quality & Pnce
Marathon's patented ~ \. ( J I"
CYCON Llfe-Xtender - ~ (~ -
~ ll.X..nd."
Cyclic Control System . "-
is standard on all TRASH ~,\,\,
COMMANDER Compactors
CYCON features
Mobile Power Module
. The mobile power module
is securely concealed and
can easily be reloca1ed to
either side of the compactor
or converted to a remote
power unit.
. Automatic "container full assurance system" - the
ram dwells against tile load at full pressure resulting
in superior compactior".
. The ram-guide system features graphite impregnat
ed cast iron runners riding on replaceable wear
strips, Less fric-
tion produces
more efficient
co~pac1ion and
less floor wear
. Reliable. solid state circuitry eliminates all pressure
ar'ld limit switches for ram cycle control
. Extends wear li'e ot cylinder and hoses- guaranteed
by CYCON's ncrshock cycle control
Compact Size - Full Size Power!
.
. Advanced hydraulic design allows the system to
operate at minimum pressure levels except when
actua!ly paCking solict waste or recyclable materials.
. Dramatically improved cold weather performance
. UL and CSA Listed.
Heavy Duty Construction
. Breaker Bar made of '" thick structural angle 6' x8'
" CrullhJng Rllm constructed of 1/2" File. PM", 3/8"
Rsm Top reinforced with numerous structural chan-
nels, bars and apgles
~ Rugged Frame fealures 1/2" Floor Plate supported
by four to SIX 4" struc1ural channels (dependIng on
tre model), 1/4" Charge Bolt Sid.. strengthened
by supporting channels and press-formeo integral
corrugation
1r../I ComlnlttltMf
LEFT SIDE
ROU-oFF
COMPACTION CONTAINER
TOP VIEW
'.
,
Other Compacto's
FliGHT SIDE
TC-2HD
TC.2HDIHF
A 101 ~iI4' (2S84mm)
8 69' (1753mm)
C 48' (1219mm)
o 16" (406mm)
E 45' (1143mr.l)
F 563/.1 (1442mm)
G 76' (lIi81rr.m)
H 311/2' (800mm)
I 38 t'?' (978mmJ
J 1451a" (371mmj
I( 74 (I&Omm)
L 603'4 (l!,4:Jmm)
TC-2.SHD
TC-2.5HOIHF
126" (2584mm)
69" 17 753m",)
48 f1:?19mrnj
16" 14OOmm,l
57" (/448mrr.)
69" (1~53mrr:)
78' (1981mrr:)
31 112 (800m!'!!,
38112 (978mm)
14~'1) 371mm)
71, (1~80mm)
75 j~ 1911mm)
TC-3HO
TC.3HD/HF
154 (2584mmj
69" (1753'7'"')
48 (1219'7'mj
16" (406f1II/lJ
71 1/2 nf76mm
321,:l (209Smm)
80" '2032mmj
31 1'2 (800mll;)
381'2 (iU8mmi
145'e" (37'1mml
74 'laaoml"1J
69 {.1 ,1759r'r,rr'}
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FRONT VIEW
("Ef'CNL
SIDE VIEW
dvv VO OO-OE-~~W
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" Clear Top Opening, 52 second
'P Motor 109 cubic yard Capacity
lear Top Opening, 40 5000nd Cycle
Motor' 141 CiJOfC ,/md Capacity Per HOl./r
TC-2.5HD: 53" x 60" ClelJr Top Openmg; 63 second Cycle
Time. 10 hp Motor 115 cubic Yl1rd Capacity Per Hour
TC-2.5HDlHF 53" X 60" Clear lop Opening, 49 second
Cycle Time 15 np Motor 148 cubIC yard Capacity Per HO/ir
ar Top Opening; 77 sscond Cvc/e
cubic yard Capacity Per Hour
TC.3HDlHF- 67.5. Jt 60" Clear Tup Op9ning; 59 second
Cycle Time, 15 hp Motor. 156 Clibic yard CapaCity Per Hour:.
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SO d
dPP PO OO-OE-~ew
Trash Commander Series Specifications & Perlormance Data
Trash Commander - Trash Commander-
Heavy Duty Models Heavy Duty - High Force Series
TC-2 HD TC-2.5 HD TC-3 HD TC-2 HDiHf TC-2.5 HDIHF TC-3 HOIHF
Cha'oe Box Capacity 2.5 Cy I! gm') 3 cy (2.2m'I
(\1'r$. Rahng) 2 :y (1 5:T'I') 2.5 cy (1.9rrt') 3 Cy (Um') 2 r:;y (1.5m')
(WASTEC Rating) 1 57 ('I t1.2m') 2.01 cy (1 5,7") ~55 cy (1 9,") 1.57 cy (1.2m') 2.::11 cy (1.5f'nJ) 2.55 cy (1.9m')
4' x50. 53")(60' 67 112')(60' 41')(6{:" 53 xliU' 67 1,2'x60"
Glear Top Opening(lxW) (1041 x 1524mm) (1346 x 1524mm) (f715Jl/524mm) ,'1041 x 1524mm) (1346)( 1524mmj (111;;r 1524mm)
Capacity Per Hour 109 (y (83m') 15 cy (86M') 119 cy (89nr') 141 cy (f08m') 148 cy ( 1Gr.7') 156 cy (116'"')
Cycle Time 5 ~~ sec 63 sec 77 see 40 see 49 S'le 59 see
Total Normal Force 54 ~JOO Il)s 54,500 Ibs 54 5eO 'bS 62.700 los, 62.700 Ib" 62,700 Ibs
(24.9kN) (243/(N) (243 kN} (219 kN) (219 ~tJ) (2?9I<N)
Normal Ram Face 313 pSI 31.3 psi 313 PSI 36 0 psi 36,0 IJ~I 36.0 psi
,216 kPa} (2'6 kPI) (216 kPa) (248 kPa) (248 ~;Fa) (248 kPa)
Ram Penetration 14' 1.156mm) 14" (356mf'1) 13' (330mm) 14" r3S6mm) l' (.1St rl"r) 13" (330mm)
t ;- l T r ' ......1 l \ I ,
flectrical Motor
3/60- 208/230/460
Electrical Control Voltage
Typical Panel Box
1D 11p (15kw) 10hp (l5kw) 0 hp (15 kwl '5 :1;> (f1 kw) 15 hp (11 kw)
1?[J VAC 120 VAC 120 VIIC 120 vAC 120 ~A~
Ullisteo: NEMA Type 3R 'N1tl'l Standard Controls: i(eylocl< Stan, StOp, Reverse
15hp(11kw)
120 VAC
:) J'Tlp Capa:ity 10 gel"' (J8I/mJ 10 gpm (38l/m) , 0 gorn (38 t'm) 13 gpm (49/lm) 13 gpm .J91,rn) 13 gpr'l i49 i/m;
Normal Pi~ssure 2ClOa pSi 2000 psi 2000 pst 2300 psi 2300 PSI 2300 psi
(138 mPa) (13.8 mP.11 (13.8 mPJ! (15.8 mPaJ (15.8 rnP3) (IS 8 mPa)
Hyd1adlC Cyhndor (2)
Bore 4 1/2 I 114mm) 4 1/2" (714mm) 4 1ft (114mm) .. 1'2" (114mm) " ';2" (114rnm) 4 lit (114mmJ
Rod 2 11" (C3mm) 2 117' (63mm) 2 112" (63mm), 2 f2" (63mm) 2 1:2" (6Jrrlln). 2 li2" (63mm)
~Tnl : TI ,{ .1 ('Hi,' ,
Charge Box Sides 1/4' f6mm) 1/4' (6mml 1/4" (6mm) 1f4" (6mm) 111, (6m7r/ 1/4" (0111171)
Charge Box Floor 11? 13mm/ 112' (13mm) 1/2" (13mm) 1/2" (13mm) 112" (13/"1))) 1/2' (13mmJ
Ram Face Plate 1/'1." '3mml 112" (13mm) 1/2 (13mm) '12.' (13mm) 1/2' (13;r'I"IJ 112.' (!3mm;
Ram Bonont 3/8 /Omm) 3/8' (10mm) 3/8' (10mm) 318" (10mm) 3/8' (10,?)rJJ 3/8" 'fOmml
Ram Top 3/8 10mm) 3/8" (10mn') 3/8" (1Omm) 3/8" (10m".,) 3/8" (1 {);'II:II 3/8" flOmm/
Breaker Bar 6' )( e' x 1 6" x 8" x 1 6" x B")r; 1 6' x. 8- )( 1" 6' x 8" x 1" 6' x B" ): 1
SlrJClural Anale ( 150xlOOx25mm) ( 150x200x25mrT') I 150x200x2Smm) ( 15Ox200x25mm) ( 15Ox20/1x25mml ( 150x200x25mmj
-
4,5110 Ibs. 5,OOC Ibs 5 700 Ibs. 4,500 Ibs. 5 000 :lS 5.700 Ibs
(2040 kg) (2268 k(;j (7585 kg) {2040 /(g) (2268 kg) (2585 /fa)
Visit our Web Site. www marathon-equipment. com
lIiiiLan
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MMATHOH EQlJlIIMIENT CQIMo,,,lY
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PtOttl.t"ts nutt be usecl Nt,.. .., pr.Cltctl ana .r: aCCOl'dat\Gft wit" M<I r~..N)I15. W\tl tE..nOaroa.
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MEMORANDUM
To
Mr Michael Rumpf
Planning & Zonmg DIrector
CIty of Boynton Beach
Terry L. Hess, AlCJV[l., f IL
Planning DIrector . I
May 25,2000
From:
Date:
SubJect. NotIce ofPerrmt ApphcatIon No 000522-4
Lowe's Home Improvement Center
Attached IS a notice of application for an envIronmental perrmt to conduct dredge and fill
or sImilar activItIes withm or adJacent to your commumty We are dIssemmatmg thIS
mformatIon for your reVIew and comment.
The mformatIon provIded wIth thIS notIce IS very bnef, but you may contact the
perrmttmg agency dIrectly for further mformatIon If needed m order for you to assess the
Impacts of the proposed actIvItIes on your communIty
If the proposed actIvitIes are not consIstent WIth your comprehensIve plan or other locally
adopted plans or regulations, or If you have any other comments, please submit them to
the perrmttmg agency by the deadlme date mdlCated m the attached matenals. We would
also apprecIate receIvmg a copy of any comments you may have for our files.
Attachment
301 east ocean boulevard
suite 300
stuart, florida 34994
phone (561) 221 -4060
sc 269-4060 fax (561) 221-4067
.. fbY f'I1lTN
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SOUTH FWRIDA WATER MANAGEMENT DISTRICT
3301 Gun Club Road, West Palm Beach, Florida 33406 . (561) 686-8800 . FL WATS 1-800-4322045 . TDD (561) 6972574
Mailing Address: POBox 24680, West Palm Beach, FL 33416-4680 . www.sfwmd.gov
NOTICE
If'....... .,.,. ..~.. t ~ ./~: n
~r~~ ~ ~. i&.".;, '-
May 23 2000
\"~ tV ? 5 /.COO
HL...;,.... ~
~UvNCIL
Subject:
Environmental Resource Permit Application
Application No 000522-4
Applicant Lowe's Home Improvement Center
Palm Beach County S 32fT 45 SIR 43 E
The South Florida Water Management District is currently processing the attached application If
you have any comments or objections concerning this project, please submit them in writing to
this office within 30 days of receipt of this notice
This is also an opportunity for applicable State agencies to concur with or object to the proposed
project under the federal consistency provision of the Coastal Zone Management Act. Review
must be in accordance with the procedures adopted by the Interagency Management Committee
on October 25, 1989 Findings of inconsistency must describe how the project conflicts with your
agency's statutory authorities in the Florida Coastal Management Program and provide
alternative measures if any which would make the project consistent. Commenting agencies
must provide a copy of all consistency comments letters to the Florida Coastal Management
Program Director, Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee,
Florida 32399-2100
Please refer to the applicants name and application number as referenced above in any
correspondence to help facilitate processing. Questions concerning this project should be
addressed to Rob Robbins at (561) 682-6951 or Tony Waterhouse at (561) 682-6867
BAC Is
Attachments
c
US Army Corps of Engineers
Department of Environmental Protection/Office of Protected Species Management
Department of State, Division of Historical Resources
Regional Planning Council
Department of Community Affairs
Palm Beach County Department of Environmental Resources Management
GOVER.'\iING BOARD
EXECUTIVE OFFICE
Michael Collins, Chairman
Michael D Minton, Vice Chairman
Mitchell W Berger
Vera :vi. Carter
Gerardo B Fernandez
Patrick J Gleason
Nicolas J Gutierrez, Jr
Harklev R Thornton
Trudi K. Williams
Frank R Finch, P.E., Executic'e Director
James E. Blount, Chief of Staff
South Florida Water Management District
POBox 24680 West Palm Beach, FL 33416-4680
MAY 2 2 2000
Form 0444
APPLICATION FOR A STANDARD GENERAL PERMIT
FOR INCIDENTAL SITE ACTIVITIES :- 0 0 0 5 2 2 - 4 ,
(Rule 40E-40 042, Florida Administrative Code)
From Section 40E-40 042(2), Florida Administrative Code, " Incidental site activities' means
site activities in uplands which may be conducted in conjunction and conformance with the
work set forth in an individual permit such as land clearing in uplands, minimal earthwork, lake
construction, road subgrade construction, foundation construction, utility installation fence
installation, construction trailer installation, unconnected drainage facility construction, or other
similar activities 11
Applicant's Name Lowe s Home Improvement Center
Property Owner's Name Lowe's Home Improvement Center
Applicant/Authorized Agent: Richard E Wilson, P E., Creech Engineers, Inc
Mailing Address 203 West Third Street
City' Stuart State FL Zip 34994 Phone (561) 283-1413
Surface Water Management/Environmental Resource Permit Application Number' 991215-10
Date of Application December 14 1999
Surface Water Management/Environmental Resource Permit Number (for Modifications)
50-01091-S
Project Name Lowe s Boynton Beach
Project Location City' Boynton Beach County Palm Beach
Section(s) 32 Township(s) 45 S Range(s) 43 E
Site Activities to be Authorized with Drawings (if different from application submission) N/A
Brief Statement of Reasons for this To begin construction while waiting for permit issuance
Brief Statement of Specific Work to be Conducted Land clearing minimal earthwork, lake
Construction road subgrade construction, foundation construction, utility installation fence
installation construction trailer installation unconnected drainage facility construction or other
small activities
Date of Commencement. June 1 2000 Anticipated Date of Completion 1 year for project
Brief Statement of Facts Which Show Why the Proposed Activities Qualify for a General Permit:
Staff has completed their review of Application #991215-10 and they have found it complete
Page 1 of 2
.____~..____~_____.________.. ~___________1...
HEREBY CERTIFY THAT
1 These Activities will not Cause Any Off-Site Water Resource Impacts,
2 These Activities will not Cause any Adverse Water Resource Related Quantity I Quality
or Environmental Impacts,
3 There are No Known Water Resource Related Concerns Associated with the Project;
and,
4 The limiting Conditions Specified in Rule 40E-40 381, F.A.C will be Satisfied
Applicant's
Signature
~
r
Date
5-1t;-C0
Name Richard E. Wilson, P E.
(IF NOT THE OWNER, CERTIFY BELOW)
I HEREBY CERTIFY THT I AM AN AUTHORIZED AGENT OF THE OWNER
Title Vice President, Stuart Operations
=-
Signature
~-
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Date
5-((,-(icJ
Page 2 of 2
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CREECH ENGINEERS INC
203 We "d Street Stuart Fiorida 34994
POBox 1488, Palm City Florida 34991
(561)283-143, Fax (61)220-7881
Mr Mike Rumpf
Planning and Zoning Director
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach Florida 33425
L
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E..........~............EE~El::=>
March 30, 2000
99027 00(7)
RE. Lowe's Commercial Site Development - City of Boynton Beach
Dear Mr Rumpf'
The following is in response to the comments received on the rectified plans.
. Enclosed for your use is the recorded Plat for the Boynton Beach Commerce Center which depicts
the ingress and egress easements. I have also enclosed the First Amendment to the Declaration of
Restriction for the Boynton Beach Commerce Center Property Owner's Association, which, by the
time of closing, Lowe s will be a member of the Association These two (2) documents demonstrate
Lowe s right to use the adjacent industrial park.
. I have enclosed for your use, four (4) sets of plans, which has all sheets signed and sealed by the
appropriate parties
. The plans show the tree bases are dimensioned and detailed
. Sheet SG1 is included within the rectified plan set, and it shows that the sign calculations comply with
City of Boynton Beach Code
Should you require any additional information or have any question or comments at this time please do
not hesitate to contact me in our Stuart office at (561) 283-1413.
JAC/ks
Enclosures
CC Mike Reynolds - Lowe's Companies, Inc.
99027 .OO( 13)-LtrRumpf@CityBoytonBch-RectifiedPlans-03-30-2000.doc
Tcl!ahassee 707 East Park Avenue Tallahcssee FlOrida 32301
(850) 841 1705, Fax (850) 841 1706
Melbour'1e . 4450 West Eau Gallie Boulevard Melbourne Florida 32934
(321) 255-7751 Fax (321) 255-7751
TOr /f;II/NA I!1ft ,iLAS
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SUBJECT' LOLJ b S KE~TC~(EQ PLtf\.-0 DATE. 3/zQ /~
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~ ~ ~\.r",", - DSrAI. i.. ()J.J r<{,\:> iJlh.~ :5 \...j"~F=-l~ f<.G".
DATE,
SIGNED
Item " F269 Grayarc. PD. Box 2944. Hartford. CT 06104-2944
C' Wheeler Group. Inc. 1982 THIS COpy FOR PERSON ADDRESSED
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Subject:
Mazzella, Pete
Tuesday March 14,2000317 PM
Galav Lusia, Rumpf Michael; Lewis, Nicole
Guidry John
Comments on 3 rectified plans
Lusia
I reviewed the following sets of plans today, and noted the deficiencies as shown below'
. Majestic Greeting Cards - needs landscaping plan - not included in package
. Foster Oil Co - has contradictory notes regarding irrigation source on sheet 4 The note suggesting use of City
potable water should be deleted as requested
. &.,owe's - Need P B County permit from Environmental Resources Mgmt. for work within a wellfield This permit will
govern both building and drainage construction and was requested previously / pC' ;i _ ,( r ./ r I
f '
Please advise me when a resubmittal is made Thank you.
Peter Mazzella
1
oo~- f ~
!'l I ~
I.' J Iv:).;"
LJ, I HI -
L__
f L J
ZONING DErf.
Basehart Consulting, Inc
Planners
333 Southern Boulevard, SUIte 200
West Palm Beach, Flonda 33405
Phone (561) 833-3114
Fax: (561) 833-3293
March 3, 2000
Mr Michael Rumpf, DIrector
Planmng & ZonIng Department
CIty of Boynton Beach
100 East Boynton Beach Boulevard
POBox 310
Boynton Beach, Flonda 33425
SUBJECT LOWE'S HOME IMPROVEMENT CENTER- RECTIFIED PLANS.
Dear Mr Rumpf
Enclosed are four (4) COpies of our rectified plans for the Lowe's proJect on Woolbnght Road, for
your reVIew We beheve that all of the condItiOns of approval contaIned In all of the vanous
resolutIOns and ordinances adopted to accommodate thIs project that relate to site design have been
appropnately mcluded. The only drawmg that IS not mcluded m thIS package IS the reVIsed Master
Plan for the Boynton Park of Commerce. That reVIsed plan will be submitted WItlun the next few
days. However, smce no portIon of the Lowe's SIte IS any longer a part of the Park of Commerce
PID, the Lowe's plans can be revIewed mdependently We will be submIttIng a wntten summary
of all of the changes to you early next week, also
Please do not hesitate to contact me If you have any comments or questions. Thank you for your
attentIOn to tlus matter
Very truly yours,
~. Basehart, AICP
President
Wi D ~ ~ ~ ~ \.!:.' ~ G1~
'i Ill'! -
1, ! \ I!l
JL .. -,3 ?ono i~~
Basehart Consulting, Ip1c, I
Planners I PLANNiNG p.ND I Leite r Of
333 Southern BouJC'\'ard, Suit ZONiNG DEPT. .
West Palm Beach. FL 33405 Tra ns 111 ilia I
Phone: (56) )833.3 ) ) 4
Fax: (56)) 833.3293
E-Mail.baseplan@ao1.com
o
MtQ!.A.:~ ~Qlv~~
D1= J:S)y~
llofESE In:MS ARE TRANSMrTn:D
FROM
F'OR /IlPPROIIAJ...
F'OR SIGNATURE
COMPANY
AS REQUESTED
F'OR YOUR USE
DATE.
"3 - ~-(:)O F'OR YOUR REVIEW & COMMENT
~. ~'5 SC~ S\<;-N REF"ERENCE #.
REGARDING.
WE ARE SENDING YOU THE FOLLOWING ITEMS VlA.~~b '-.~f.-<J ~
COPIES DESCRIPTlON:
y \ ,C,'JWF 1 S '" 1 . ~<:- ; r- \ },../ ;fv1 A'5'1Z-L fL4/IJ
.......\~
.... ,;
COMMENTS
COPY To'
SIGNED'
JAt~-10-2000 09 08
LEVY, <NEEt ,MAR A~I,et al
5614785811
P 01/03
L!:VY, !amEN, HNUAHI, CORTIN, KORNFELD & DEL R.USSO, P A
P~ofe..ional ~soeiation
1400 Centrepark Boulevard
Suite 1000
west Palm Beach, FL 33401
~elephon. (561) 478-4700
F~~ No (561) 478-5811
Of Counael
Eleanor B Halperin Dir.et No
(561) 478-4722
TELECOPY COVER LETTER
TO Michael Rumpf Fax. 742-6259
FROM Ellie Halperin
DATE January 10, 2000
RE Lowe's Boynton Beach
File No 5662 003
YOU SHOULD RECEIVE _ PAGE(S), INCLUDING THIS COVER SHEET IF YOU DO
NOT RECENE ALL THE PAGES, PLEASE CALL (561) 478-4700.
The or;ginal$ _will ~will not follow
As per your request, a copy of my letter of December' 4 1999
ID)~~ I~
~J. _103m
L.-----.----.---...J i
f~_, ;G AND .J
~ ..._.L':....." ' DEPT, _
The infotmition eonUir.ed in this fec;:simiJe me$$8{le is attorney ptivileged ind confiden,ial i~form8tlort Intended only for the ~~e
ot the individual or entity "amed abovo- If the reeder of this message is not the intended rlll<;ipient. YOU are hereby notlfiad that
8ny di$scminatic:n, distribution or copy of thi. l;Omrr.uni<;ation illlltrictly prohibited. If you 'lave received this communication in
error please immediately notify l;S l:ly telephone OInd return the original message to OJ$ at the OIbove address via the U S. POl>tal
ServIce. Thank you.
PLEASE HAND DELIVER TO AOORIiSSIiIi A.5.A.P PI
F'\Ow\6.UE\l.OWES\aOYNTON',F.AXCOVER.Rumpf.doe
JAN-10-2000 09 08
LEVY,LNEEN MARIANI,et aI
5614~858_1 P 02/03
-.
!::LE~.NOR 8 ...A,"-PE:RIN
01' COUNSEL
OQA",O CtRTI~IED IN REA~ E6,"',E L.....
LEVY, KNEHN, MARIANI, CURrIN, KORNl"El.D & DEL Russo
IOROFES$IQNAi. ....$$Oe'....I()N
COUNS~'-ORS AT l.."W
SUITE .000
'.00 c:ENT..~PA"'K 1II0V~..V.....c
WEST PA=.K IlBACIl. 1"1.0B1;o4 ;)3401
TEJ"f;P>10NE: (545 I) .'8."'00
,.....X NO 15(1)470.581,
-
.'
... IRWIN L~VY
RE'-;REO
'N'lITL';,q'S O'REer DI"L NC
(561).78..,.22
December 14 1 999
Michael Rumpf
Director Planning & Zoning
City of Boynton Beach
100 East Boynton Beach Blvd
Post Office Box 31 0
Boynton Beach, Florida 33425
Re' Lowe's Home Centers
Our File No 5662 003
Dear Mr Rumpf I
This correspondence shall serve to follow up our conversation yesterday The
Transportation Analysis prepared for the Lowe's initially shows that two
improvements will be necessary First, an additIonal westbound turn lane and
restriping of the southbound approach lanes at the intersection of Woolbright Road
and Corporate Dnve/SW 8th Street and secondly, an additional northbound left turn
lane at the intersection of Woolbright Road and Seacrest Boulevard It is the
second improvement which prompted my call
A visual inspection of the intersection clearly indicates that the most available right
of way is in front of the City s Utility ?tan We anticipate that the County will need
approximately 5 to 10 additional feel of right of way for a length of 600 to 700
feet. This right of way is needed on the east side of Seacrest south of Woolbright
Road, I anticipate that the County will accept the additional right of way, either in
the form of a deed or an easement, as it will be utilized primarily for a sidewalk and
grass
You explained to me that once you receive this request in writing, you would
circulate it to the appropriate individuals within the City and get back to me as to
the probabilitY and mechanics of getting the necessary fight of way to the County
JRN-10-2000 09 09
LEVY,KNEEN,MARIANI,et al
561~7858_1 ~ 03/03
Michael Rumpf
December 14, 1999
Page Two
..."
...
If you have any questions, or need any additional information, please feel free to
contact me I look forward to hearing from you shortly
c;~
Eleanor B. Halperin
----.-.'..
E BH 'trc
cc Steve Henry
Mike Reynolds
Rick Creech
,. \Daea \AU.l.~\.omT(lfl\lt...,.. UH,,'J t.CIIX'
TOTAL P 03
~,Ol)-l '=1-1999 14."';
PBC TRAFFIC ENG
551 478 57~0 p 01/01
~ALM BBACH COUNTY
DEPARTMENT OF ENGINEERING AND PUBLIC WORKS
TRAFFIC ENGINBERING DIVISION
FACSIMILE TRANSMITTAL
Date:
November 19 1999
Phone:
Fax:
Phone:
Fax:
AI Federico, P E. A
Sernar Traffic Engmeer
561.684 4030
561 478.5770
Name:
Steve Henry, P E.
Lincks & Associates, Inc.
813.289 0039
813.2870674
From:
Subject: Lowes TPS Review
Pages: .l.., mcludmg thIS cover page
As we discussed, Palm Beach County concurrency approval for this project is pending the
!;ubmission of a Public FacllIties Agreement for the improvements noted 10 the traffic impact
study dated September 1999 Specifically, tbese improvements are.
the addltlOn of a northbound left turn lane at the mtersection of Woolbright Road
and Seacrest Boulevard, and
the addltlOn of a westbound nght turn lane and thtl reconfiguration of the
southbound approach lanes at the intersectlOn of Woolbright Road aT'ld Corporate
Drlve/SW 8th Street.
AddItIonally, Palm Beach County IS requeshng that a thud lane be added to the northbound
approach of the Woolbright Road/Corporate Dnve mtersechon.
Please cOlltact me if you have any questions.
CC' HU.UDU Mtltra,; City uf Boyntun Beuch :fOA 561 375.6259)
G \ l'M.rl.'lC\npf\tpl'\99092c3.wpd
Please call 561.684.4030 if this information was not transmitted clearly.
TOTAL F 01
.M
PROPERTIES OF FLORIDA
Commercial Real Estate & Development
November 17, 1999
-~._,___ I
.1,1.: ']_
---
~---.
Planmng & Zonmg DIVISIon
CIty of Boynton Beach
CIty Hall
100 East Boynton Beach Boulevard
Boynton Beach, Flonda 33425
RE NotIce of PublIc Hearing dated November 12, 1999
Southeast Corner ofWoolbnght Road and Corporate Dnve
Gentlemen:
We receIved the attached NotIce of Public Hearmg regardmg a request for condItIonal
use approval from Woolbnght Partners, Inc. For your mformatIon, I am enclosmg a copy
of the Flonda DiVIsIon of CorporatIons PublIc Access document willch shows that I am
PresIdent ofWoolbnght Partners, Inc., and I have not requested such use from the CIty
Woolbnght Partners, Inc. was formed to redevelop property that I currently have under
contract at the southwest corner ofWoolbnght Road and Congress Avenue.
I would apprecIate It IT you would contact me concerning tills apparent ITI1Stake of
ownership
Very truly yours,
1M PROPERTIES OF SOUTH FLORIDA, INC.
As Agent for Woolbnght Partners, Inc.
MLS:jb
Enclosures
3201 North Federal Hwy Suite 300 · Fort Lauderdale, Florida 33306 · Phone (954) 565-5999 · Fax (954) 565-8844
NOTICE OF PUBLIC HEARItJ'"
Richard Basehart of Basehart Consulting, Inc" agent for Woolbright Partners, Inc. has requested
conditional use approval to construct a building materials store at the southwest corner of 1-95 and
Woolbright Road (southeast corner of Woolbright Road and Corporate Drive)
Legal Description. All of Parcel 1 and Parcel 3A, of the plat of Boynton Commerce Center,
according to the plat thereof, as recorded in plat book 46, pages 126 and 127
_. of the Public Records of Palm Beach County, Florida
Proposed Use. Building materials store
PUBLIC HEARINGS TO CONSIDER THIS REQUEST ARE SCHEDULED BEFORE THE PLANNING AND
DEVELOPMENT BOARD AND THE CITY COMMISSION AT THE CITY HALL COMMISSION
CHAMBERS, 100 E, BOYNTON BEACH BOULEVARD, BOYNTON BEACH ON NOVEMBER 23, 1999
AND DECEMBER 7,1999, RESPECTIVELY, AT 700 P M
A!! ;"'1tc;-o~ted parties ara iiotifled to cipfJear at said hearings in person or by attorney and be heard or file
any written comments prior to the hearing dates Any person who decides to appeal any decision of the
Planning and Development Board and City Commission with respect to any matter considered at these
meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based.
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION
(561 742-6260)
PUBLISH, November 12, 1999
The Post
~OTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the following applications have been made to the PLANNING AND
DEVELOPMENT BOARD of the CITY OF BOYNTON BEACH, FLORIDA, for a hearing as indicated
under and pursuant to the provisions of the sign code of said City'
Applicant:
Agent:
Owner'
Request:
to one
Request:
LC'r:atirm
Legal.
Description.
Woolbright Partners, Inc.
Robert E. Basehart, AICP
Woolbright Partners, Inc.
Relief from Chapter 21 Signs, Article IV, Section 2(B) which limits a single use
(1) site sign to allow the erection of two (2) site signs.
Relief from Chapter 21 Signs, Article IV, Section 2(B) which limits maximum
sign height to 20 feet to allow for the erection of a 49 foot high pole sign.
SOL!thea!:t comer of \^!oo!bright R.oad and Ccrpcr2~c Drive
All of Parcel 1 and Parcel 3A, of the Plat of Boynton Commerce Center,
according to the Plat thereof, as recorded in Plat Book 46, Pages 126 of Palm
Beach County, Florida
A PUBLIC HEARING before the Planning and Development Board will be held relative to the above
applications at City Hall, Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach,
Florida, on Tuesday, November 23, 1999, at 700 P M
All interested parties are notified to appear at said hearing in person or by attorney and be heard or
file any written comments prior to the hearing date Any person who decides to appeal any decision
of the Planning and Development Board with respect to any matter considered at this meeting will
need a record of the proceedings and for such purpose may need to ensure that a verbatim record of
the proceedings is made, which record includes the testimony and evidence upon which the appeal is
to be based.
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION
(561) 742-6260
PUBLISH
THE POST
November 12, 1999
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the PLANNING AND DEVELOPMENT BOARD of the CITY OF
BOYNTON BEACH, FLORIDA, shall meet at 7'00 P.M on Tuesday, November 23, 1999, at City Hall
Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach, to consider the application
for a PARKING LOT VARIANCE on the following described property.
Applicant:
..-
Woolbright Partners, Inc.
Agent:
Robert E. Basehart, AICP
Owner'
Woolbright Partners, Inc.
Location.
Southeast corner of Woolbright Road and Corporate Drive
Variances
Requested:
Request for relief from the City of Boynton Beach Land Development Regulations,
Chapter 23, Article II (A)(7) which limits the maximum number of driveways along a
single street to two (2), to allow a total of three (3) driveways along a single street.
Legal Des~ption.
All of Parcel 1 and Parcel 3A, of the Plat of Boynton Commerce Center,
according to the Plat thereof, as recorded in Plat Book 46, Pages 126 of Palm
Beach County, Florida
All interested parties are notified to appear at said hearings in person or by attorney and be heard. Any
person who decides to appeal any decision of the Planning and Development Board or City Commission
with respect to any matter considered at these meetings will need a record of proceedings, and for such
purpose, may need to ensure that a verbatim record of the proceeding is made, which record includes the
testimony and evidence upon which the appeal is to be based.
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION
PUBLISH The Post - November 12, 1999
<';orporate InqUIry Menu
Florida Division of
Corporations
Public Access
Inquiry by"
r Corporation I Trademar1<
Name
r OlIicer I Registered Agent
Name
r Registered Agent Name
r Trademar1< Owner Name
r FEI Number
r Document Number
r Trademark Name
Search String.
I
Sear~h I
Homepage
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Corporate Inquiry Menu -
Please select an inquiry type from the list below then enter a
search key in the search field. Press SEARCH to begin the search.
11/12/99 CORPORATE DETAIL RECORD SCREEN
NUM P98000081385 ST FL ACTIVE/FL PROFIT FLD 09/17/1998
FEI# 65-0864845
NAME WOOLBRIGHT PARTNERS, INC
PRINCIPAL 3201 NORTH FEDERAL HIGHWAY SUITE 300
ADDRESS FORT LAUDERDALE, FL 33306
RA NAME SAGER, MARK L
RA ADDR 3201 NORTH FEDERAL HIGHWAY SUITE 300
FORT LAUDERDALE, FL 33306 US
ANN REP
(1999) l'
Officers
----- THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION C
Document Imaqe
http '/corpweb.exe?radCorSearch=CORICHR&Menu=COR&txtSearchStrmg=P9800008138 11/12/99
~orporate InquIry Menu
Page 1 ot 1
Florida Division of Corporate Inquiry Menu -
Corporations Please select an inquiry type from the list below. then enter a
Public Access search key in the search field. Press SEARCH to begin the search.
Inquiry by
r Corporation I TrademarK
Name
r Officer I Registered Agent
Name
r Registered Agent Name
r Trademark Owner Name
r FEI Number
r Document Number
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Search String.
I
Search I
Hom~Page
11/12/99
CORP NUMBER
TITLE P
TITLE VS
OFFICER/DIRECTOR DETAIL SCREEN
P98000081385 CORP NAME WOOLBRIGHT PARTNERS, INC
NAME SAGER, MARK L
3201 NORTH FEDERAL HIGHWAY SUITE 300
FORT LAUDERDALE, FL 33306
NAME NORDAL, JONAS S
3201 NORTH FEDERAL HIGHWAY SUITE 300
FORT LAUDERDALE, FL 33306
----- THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION C
Document Imaqe
.Icorpweb.exe?radCorSearch=CORICHR3&Menu=COR&txtSearchStrmg=3&ConchrData=P911 /12/99
LaWE.S
SITE DEVELOPMENT
Hwy 268 East - East Dock
North Wilkesboro, N.C 28659
336-658-4000
OCT 2 2 1q0C,
LETTER OF TRANSMITTAL
TO C/lY c:::>r 6o,/u;T:>J.J t3€A-Cr(
PLAJJJJIJ.J C, (.. "Z b)JJu c., perro
/00 E.A-.s.,- 60yv IOu 6UC.H 6t...vJt:?
l6or~"JC;;.~ J$~A(;fI FL.
I 3-:;'7'"2.i?
Date }o -'20-"')'
Anention 12 J Ai,
M . ./IM
Re: l. 0f.J f.. ';. ~
Job No.
-
1"#'-
GENTLEMEN: ~
WE ARE SENDING YOU (...) Attached
( -ilinder separate cover via OIJc:{2p I t:,H r f!.2f:F{1( the following items:
) Shop drawings
) Prints ( ) Plans ( ) Samples
) Change order (~ P/CTvt'2e. S
,
( ) Specifications
) Copy of letter
COPIES DATE NO. DESCRIPTION
t, 17/4 J 74 L t:b Lor2 flZJlJ I> I ~ ~/C I;:
- Lout! S
THESE ARE TRANSMITTED as checked below'
( ) For approval
( ) For your use
DO As requested
( ) For review and comment
( ) FOR BIDS DUE
REMARKS m(Z IJ ~ u ye..0 I
!3PC/..,o5c.":7 ArE 7JliE:. ,f'lC1c./IIGS '{O./ ~pve)re.r2 HtfE THIS l.Ilt.-L..- kS,SI>f /rov
'I~ j3eVIrz:t..J pLe-1f5e ~/\l~ ,"IE:. k C~(...L II' .:c C4LJ I,!,E O:;P fU.RJJlt:rZ-
, AbS/~1/f-.J...'C.~. '
) Approved as submitted
) Approved as noted
) Returned for corrections
) Resubmit
) Submit
) Return
copies for approval
copies for distribution
corrected prints
19_ ( ) PRINTS RETURNED AFTER LOAN TO US
/u
~ I J.J cepc.E L" "-
,
>>1 / K..t.. /ZEjv 0 Lit:? ~
COPY TO .-fILG
SIGNED"~' ~
If enclosures are not as noted, kindly notify us at once.
98-1 (Rev 9/99)
A
Engineers
Planners
LINCKS & ASSOCIATES, INC.
October 1, 1999
Mr AI Federico
Palm Beach County
Engineering & Public Works
160 Australian Avenue, Room 303
West Palm Beach, FL 33406
UCT - 8 :(1'..;
f
..--~~...._..__~~ a-;""-=-
I
....
Re Lowe's - Boynton Beach
Lincks Project No 99072-F
Dear Mr Federico
Please find enclosed four (4) copies of the revised Transportation Analysis for the above
referenced project. The Transportation Analysis was revised based on the comments
contained in your letter to Hanna Matras dated September 2, 1999 for the above
referenced project. Below is our response to each of your comments
1 COMMENT
Based on the latest available traffic counts, the intersection of Corporate
Way and Woolbright Road experiences a higher peak during the mid-day
than the AM Therefore, the intersection analysis should be revised to
include the mid-day peak period,
RESPONSE
The analysis was revised to include the mid-day volumes and the PM peak hour
project traffic
2, COMMENT
The intersection of Corporate Way and Woolbright Road currently operates
with split phases for the north and south approaches. The intersection
analysis should be revised to reflect this. Additionally, all future analysis for
alternatives that include shared through/left turn lanes should be assumed
to be split phased.
RESPONSE
The analysis was revised to reflect the split phase signal timings
5023 West Laurel Street
Tampa, Florida 33607
813 289 0039 Telephone
813 287 0674 Telefax
Mr AI Federico
October 1, 1999
Page 2
3 COMMENT
With the exception of this project, there does not appear to be any additional
development planned for Corporate Way, south of Woolbright Road.
Therefore, the analysis of the Corporate WaylWoolbright Road intersection
should be revised to remove the assumed background growth from all
movements entering and exiting the south approach
RESPONSE
The analysis was revised as requested
4 COMMENT
The analysis of all intersections should be revised based on the 1998 FOOT
Peak Season Correction Factors
RESPONSE
The analysis was revised to reflect the new 1998 FDOT Peak Season Correction
Factors and the latest Palm Beach County count data
If you have any questions or need additional information, please do not hesitate to call
Sincerely,
nry, P E
Vice President
SJH/alw
Enclosures
cc' Mike Reynolds
Rick Creech
Mike Rumpf
Ellie Halperin
Facsimile
TRANSMITTAL
CITY OF BOYNTON BEACH
100 E, BOYNTON BEACH BOULEVARD
PO BOX 310
BOYNTON BEACH. FLORIDA 33425-0310
FAX, (561) 742-6259
PLANNING AND ZONING DIVISION
TO' Robert E Basehart
FAX #. 561-833-3293
DATE. 9/21/99
RE. LOWE'S HOME CENTER
As discussed, please find description of variance process, justification and code
sections to be referenced in variance applications I am still researching the
Home Depot cases
Mike Rumpf
Pages 5 (including cover sheet)
Planning and Zoning DIvIsion
City of Boynton Beach
Boynton Beach Florida 33425
742-6260
Fax: 742-6259
- r .,
, -
Chapter 21
Art I
Art. II.
In General
Variances/Exemptions and
Prohibitions
Special Conditions
Signs Allowed
An ill
Art IV
ARTICLE I. IN GENERAL
See. 1 Short title,
This chapter shall hereafter be known and cited
as "The Boynton Beach Sign Ordinance. ..
See, 2. Purpose,
The purpose of this article is to create the
framework for a comprehensive and balanced system
of sign control It recognizes the need for a well
maintained and attractive appearance in a community
and the need for adequate business identification,
advemsing and communication. It is the intent of
this chapter to promote the health, safety ,
convenience, aesthetics and general welfare by
controlling signs which are intended to communicate
to the public and to authorize the use of signs which
are.
A. Compatible with their surroundings
B Designed, constructed, installed and
maintained m such a manner that they do not
endanger public safety nor contribute to vehicular
visual distraction.
C Efficient in transfer of information.
See. 3 Penalties, enforcement,
Any person violating any of the provisions of
this chapter shall be deemed guilty of a misdemeanor
and upon conviction thereof shall be subject to a fine
not exceeding five hundred ($500) dollars Each dav
~ .
such violation is committed or permitted to continue
SIGNS
shall constitute a separate offense and shall be
punishable as such hereunder
Enforcement of this chapter may also be secured
through the Code Enforcement hearing process under
Chapter 2, Article V of the Boynton Beach Code of
Ordinances.
Sec. 4. Permitting,
Except as provided in Anicle II, Section 2 it
shall be unlawful for any person to erect, repair,
alter, or relocate within the city any sign or other
advertising structure as defmed in this chapter,
without first obtaining a permit from the Boynton
Beach Development Department and making payment
of the fee required. All illuminated signs shall, in
addition, be subject to the provisions of the National
Electrical Code.
Signs or sign structures previously erected
without a valid permit shall be in violation of this
chapter and shall be deemed illegal signs It shall be
mandatory to obtain a permit for an illegal sign, or to
immediately remove such sign or sign structure upon
notice that the sign or sign structure is illegal. The
notice shall contain a time period for removal
See,S. Application.
Application for permits shall be made upon
blanks provided by the development department and
shall contain or have attached thereto the following
information.
A. Name, address and telephone number of the
applicant;
B Location of building, structure or lot to
which, or upon which, the sign or other advenising
structure is to be attached or erected,
C Position of the sign or other advenising
2
Boynton Beach Code
structure in relation to nearby building, structures and
propeny lines,
D Two (2) copies of the plans and
specifications and method of construction and
attachment to the building or in the ground. Plans
must include all proposed sign colors.
E. Documents showing that the structure is
designed for dead load and wind load in any direction
in an amount consistent with the requirements
contained in the Standard Building Code and as
required by this and all other laws and ordinances of
the city The seal of a Florida registered engineer or
architect shall be affixed to drawings of signs or sign
structures which have an area exceeding thiny-two
(32) square feet andlor exceeding ten (10) feet in
height, certifying that such signs are designed to meet
the required loading In cases when required by the
director of development, signs shall show calculations
for wind loading
F Name of person, firm, corporation or
association erecting the sign structure;
G Written consent of the owner of the
building, structure or land to which or on which the
structure is to be erected,
H The type of sign or sign structure as defined
by this chapter;
1. The estimated value of the sign and/or sign
structure;
J All electrical details required to determine
code compliance for the sign, and
K. All such other information as the
development depamnent shall require to demonstrate
compliance with this and all other laws and
ordinances of the city
Sec. 6. Permit issuance.
The development depamnent shall examine plans
and specifications and other data and the premises
upon which it is proposed to erect the sign or other
advertising structure, and if it appears that the
structure is in compliance with all the requirements of
this chapter and all other laws and ordinances of the
city, the department shall issue a sign permit. All
permits are subject to the requirements contained in
the latest adopted Countywide Administrative section
of the Standard Building Code,
See. 7. Permit fee.
Every applicant, before being granted a permit
hereunder, shall pay a fee to the development
department prior to permit review or issuance.
Any sign erected or in the process of being
erected without a permit is subject to a total permit
fee of four (4) times the normal permit fee.
See. 8. Annual iDspection.
The city may inspect at any time each sign or
other advertising structure regulated by this chapter
for the purpose of ascertaining whether the same is
unsafe, in need of repair or maintenance, not in
conformance with the permit application or otherwise
in violation of the provisions of this chapter
Sec. 9 Revocation of permit.
The development department is authorized and
empowered to revoke any permit issued if there has
been a violation of the provisions of this chapter or a
misrepresentation of fact on the permit application
and specified in the latest adopted Countywide
Administrative Section of the Standard Building Code.
Sec. 10. UDSafe and uolawful signs.
If it is determined that any sign or other
advertising stnlcture regulated herein is unsafe or
insecure, or is a menace to the public, or has been
constructed or erected or is being maintained in
violation of the provisions of this ordinance, he shall
give written notice to the owner thereof. If the owner
fails to remove or alter the structure so as to comply
with the standards herein set forth within the time
prescribed in the notice, such sign or other
~--
:ldvenising structure may be removed or altered to
comply by the city at the expense of the permittee or
owner of the propeny upon which it is located. The
development department shall not issue a permit to
any permittee or owner who refuses to pay costs so
assessed. The director of development may cause
any sign or other advertising structure which presents
an immediate peril to persons or property to be
removed without notice.
See, 11 Permit number posting.
Every sign or other advertising structure
hereafter erected shall have placed in a conspicuous
place thereon, the permit number of the sign.
See, 12, Maintenance,
The owner of any sign as defined and regulated
by this chapter shall be required to properly maintain
said sign. For a sign to be properly maintained, the
sign, together with its framework, braces, angles or
other supports shall be in a safe condition, properly
secured, supponed and braced and shall be able to
withstand weather conditions and loads as required by
the regulatory codes in effect within the municIpal
limits Maintenance shall include painting and pans
replacement.
See, 13 Licensing, competency of contractors,
A person shall not engage in the business of
erecting, painting, wiring or maintaining signs within
the city without first having procured an occupational
license for such business from both the city and the
county The following qualifications shall govern the
categories of sign work:
A. Sign contractor, electrical Those who are
qualified and licensed to install, repair, alter, add to
or change any electrical wires, apparatus, raceways,
conduit or any part thereof on electrical signs and
who are also qualified to erect signs Such contractor
may connect to any existing sign circuit and may
contract and secure permits for the erection of
electrical signs or sign structures
19q7 S-5
Signs
3
B Sign contractor, non-electrical Those who
are qualified and licensed to install, repair, add to,
paint or change non-electrical signs, according to the
Standard Building Code and who may secure permits
for the erection of electrical signs or sign structures
(but must sublet the electrical work unless an
electrical contractor is associated with the firm)
C. Owners, lessees. Notwithstanding either of
the above classifications, nothing herein contained in
this section shall be construed to prevent an owner or
lessee of propeny from constructing and erecting a
non-illuminating sign or sign structure, not exceeding
thiny-two (32) square feet in area andlor six (6) feet
in height, on said property Such work shall be
erected in a professional manner and shall comply
with all other sections of this chapter
See. 14. Wind pressure and dead load
requirements.
All signs and other advertising structures shall be
designed and constructed to withstand wind and dead
loads as required by the Standard Building Code or
other ordinances of the city
Sec. 15 Removal of abandoned signs.
Any sign now or hereafter existing which no
longer advertises a bona fide business conducted or a
product sold shall be taken down and removed by the
owner, agent or person having the beneficial use of
the building or structure upon which such sign may
be found, within ten (10) days after the business use
ceases
ARTICLE II, V~CESffiXE~ONS
Al\1> PROIDBITIONS
~
See. 1. Variances.
After denial of a sign permit by the development
department, a request for variance may be filed with
the board of zomng appeals The board of zomng
appeals may grant a variance if it finds that the
unusual shape or topography of the property in
4
Boynton Beach Code
question prevents signage allowable under the
Erovisil)~ _~f__~h!L_ ordi~ce from a4equately
iden~!f)r!!!g tl~~_business or other activity located on
siic~_R~g'perty The board of zoning appeals may
only grant a variance to
A Allow a setback less than that required
under the chapter;
B Allow the area and/or height of a sign to be
increased by up to twenty-fi~ (25) percent of the
maximum allowable height or area, or ----
C Allow the number of signs to be increased
over the maximum allowed by this code.
No variances may be granted to signs expressly
prohibited by this chapter
(Ord. No 96-61, ~ I, 1-21-97)
See, 2. Exemptions.
The pennit reqUIrements of this chapter shall not
apply to the following signs, provided however, that
said signs shall be subject to other provisions of this
code
A. Real estate signs not exceeding five (5)
square feet in area which advertise the sale, rental or
lease of the premises upon which such signs are
located. These signs must be set back ten (10) feet
from the propeny line, meet the structural
requirements and must not exceed four (4) feet in
height. Only one (1) such sign is allowed per street
frontage.
B A single residential yard sign, not exceeding
three (3) square feet in area (Beware of Dog, Watch
your Step, Name and Address etc.)
C Window/door signs using less than twenty
(20) percent of the total glass area facing in anyone
direction. This area is not included in the total sign
area allowed under this chapter These signs are not
permitted in residential zoning districts
D Political signs These signs must comply
with Article III Section 6 D of this Chapter
1997 S-5
E. Flags
F Bulletin boards not over eight (8) square feet
in area for public, charitable or religious institutions
when the same are located on the premises of such
institutions ,
G Occupational signs denoting only the name
and profession of an occupant in a commercial
building, public institutional building or dwelling
house and not exceeding two (2) square feet in area.
H. Memorial signs or tablets, names of
buildings and date of erection, when cut into any
masonry surface or when constrUcted of bronze or
other incombustible materials,
I. Traffic or other governmental signs, legal
notices, railroad crossing signs, danger signs and such
temporary, emergency or non-advertising signs as
may be approved by the city
J Signs indicating the address and/or name of
the residential occupants of the premises, not
exceeding two (2) square feet in area.
K. Vehicular signs.
L. Bus shelter signs.
See, 3. ProhibitioDS.
The following signs and related equipment are
prohibited in all districts.
A. Any sign and/or sign structure which does
not meet all the criteria set forth in this chapter
B Animated/fluttering signs
C Balloons
D Banners (not including special civic event,
recreational. expositional or temporary business
identification signs)
E. Bus bench signs
F Festoons
SEP-02-1Q99 08 48
PBC TRAFFIC ENG
551 478 57~0 ? 01/01
PALN BEACH COUNTY
DBPAR7."MBN'l' OF ENGINEERING AND PUBLIC WORKS
TRAFFIC BNGINEBRING DIVISION
FACSIMILE TRANSMITTAL
Date
September 2, 1999
Name:
Hanna Matras
City of Boynton Beach
561.375.6260
561.3756259
From:
Al Federico, P E. ~
Senior Traffic Engineer
561684.4030
561.478.5770
Phone:
Fax:
Phone:
Fax:
Subject: Lowe's. TPS Review
Pages: ...l... including this cover page
The Palm Beach County Traffic Divrslon has reVlewed the revised traffic study (dated August 1999)
submitted for the Lowe's project. At thIS time we have the following comment:i.
1 Based on the latest available traffic counts, the intersection of Corporate Way and Woolbnght
Road experiences a higher peak during the mId-day than the AM. Therefore, the intersection
analysis should be revised to include the mid-day peak period.
2 The mtersectIon of Corporate Way and WoolbrIght Road currently operates with split phases for
the north and south approaches. The mt.ersection analysis should be revIsed to reflect thIS.
AddItIOnally, all future analysIs for alternatlves that mclude shared through/lcft turn lanes
should be assumed to be split phased.
3. With the exceptIon ofthllS proJect, there does not appear to be any addlt)onal development planned
for Corporate Way, south of Woolbnght Road. Therefore, the analysu; of the Corporate
WaylW oolh., ght Road mtersection should be reVlsed to remove the assumed background growth
from all movements entering or exiting the south approach.
4. The analysis of all mtersectlons should he revised based on the 1998 FDOT Peak Season
CorrectIOn Factors.
BQ$ed on. this review the Traffic Division has determined that this project does not meet the Traffic
Performance Standards of Palm Beach County and should not be approved un.hl these issues have been
addressed. Please contact me if you have any questions regard~llg these comments.
cc: StHven Hell1'Y P.E. L~AS & Asbociates, Inc, (tax 813.287.0674)
G:\ TRAFFI C\apt'\tps '\99092c2. wpd
Please call 561.684.4030 if this infor11l:ation was not transmitted clearly.
TOTAL P 01
DEPARTMENT OF DEVELOPMENT
DIvision of Planning and Zoning
Building
Planning & Zoning
Engineering
OccupatiolUJ/ license
Community Redevelopment
July 14, 1999
Steven J Henry, P.E.
Lincks & Associates, Inc.
5023 West Laurel Street
Tampa, Florida 33607
Re: Proposed Lowe's at Woolbright Road and 1-95
Project No. 99072-F
Dear Mr Henry'
This office recently received the traffic study for the above referenced project, and forwarded it to Palm Beach
County for concurrency review and determination. Having not previously discussed this project with you or any
other representative of Lowes, I want to explain the fIrst step in our site plan review process to ensure that your
preparation of plans and or processing of your anticipated request are done efficiently and without any uncertainties.
This efficiency is accomplished by a preliminary ( pre-application) meeting with staff. The pre-application meeting
ensures that a potential applicant thoroughly understands our submittal requirements and review process; completes
all necessary applications; and is provided the opportunity to have all related questions answered. The pre-
application meeting represents our commitment to provide you with all assistance necessary to make your
experience with the City of Boynton Beach an efficient and exceptional experience.
Once plans have been drafted for this project, please contact this office to set up a pre-application meeting. Please
contact our staff when you need further assistance.
Sincerely,
-/Jc--~
Michael W Rumpf
Director of Planning and Zoning
--
MWR/nl
J:ISHRDATAIPlanningISHAREDlWPlFORMSlLowe'. at Woolbright and 1-9S.dnc
100 East Boynton Beach Blvd.. P.O. Box 310 Boynton Beach, Florida 33425-0310 Phone: (561) 375-6260 FAX: (561) 375-6259
A
Engmeers
Planners
LINCKS & ASSOCIATES, INC.
June 24, 1999
w
~ow~~
JM 25. 01
Mr Mike Rumps
City of Boynton Beach
Planning & Zoning Department
100 E. Boynton Beach Boulevard
Boynton Beach, FL 33425
~zLAo NNING AND
N/NG DfPT
Re Proposed Lowe's at Woolbright Road and 1-95
Boynton Beach, Palm Beach County, Florida
Lincks Project No 99072-F
Dear Mr Rumps.
Transmitted herewith are two (2) copies of the Transportation Analysis prepared for the
above referenced project.
Please do not hesitate to call if you have any questions or comments regarding this
document.
Sincerely,
LINCKS & ASSOCIATES, INC
) ~v\. '- "l, t+t'f-rj l CctC"
Steven J Henry, P E.
Vice President
SJH/cac
Enclosures
5023 West Laurel Street
Tampa, Florida 33607
813 289 0039 Telephone
813 287 0674 Telefax